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Iraq Proposes Law to Legalize Child Marriage

In Iraq, a proposed law allowing the marriage of girls as young as nine has sparked widespread protests, with women’s rights activists calling it a move to “legalize child rape.”

For over a decade, Shia religious groups have sought to curtail women’s rights in Iraq. The proposed legislation, which passed its first reading in parliament, would grant religious authorities control over family matters, including marriage, divorce, and child custody.

The bill would amend Iraq’s 1959 Personal Status Law, which currently sets the legal marriage age at 18, with exceptions allowing girls as young as 15 to marry under certain circumstances. This law, one of the most progressive in the region at the time of its enactment, transferred authority over family matters from religious institutions to the state. Despite a 1950s law banning marriage under 18, a UNICEF survey found that 28% of Iraqi girls marry before reaching adulthood.

However, the proposed law would reverse this by allowing religious authorities control over family matters, including marriage, divorce, and child custody.

“The law is very unjust and against all logic and religious principles. Girls and women should have the full right to decide whether to continue or end a marriage, but how can a nine-year-old girl make that choice?” asks Taleen, a young woman who lives in Erbil, the capital of Iraqi Kurdistan. “This girl deserves to be taken to the toy store, live her childhood, and enjoy a life free of responsibility until she grows up. Underage marriage has existed for ages, but it’s been illegal for everyone. Now, it’s becoming more legal. I hope our awareness will grow.”

The international community is watching closely. Human rights activists argue the outcome of this legislative battle will have far-reaching implications not only for Iraq but for the broader struggle for women’s rights in the Middle East and beyond.

“It is both deeply disappointing and distressing to see a bill in Iraq that would lower the age of marriage to as young as nine years old,” Payzee Malika, Iraq-born women’s rights activist, told More to Her Story. “I can hardly believe that in 2024, we are still facing proposals that threaten the rights and safety of young girls. This must be immediately rethought and opposed by anyone who values the protection and dignity of children. We cannot allow such a regression in our efforts to secure a future where every child is free to grow, learn, and thrive.”

The bill is still under discussion in the Iraqi parliament. It has already been shelved and resurrected multiple times, reflecting the deep divisions it has caused among lawmakers. But it's Iraqi girls and women who will pay the price.

“If this law is enacted, all our rights will be revoked,” says 22-year-old Malak from Al Diwaniyah, a city in central Iraq. “Women cannot live safely in society under these laws. We do not have the right to demand our freedom in Iraq.”